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| Authored by: webster on Sunday, May 13 2012 @ 11:08 AM EDT |
.
... is a colossal loss and embarrassment for BSF. That is the annual pay to a
couple of conference room managers in their headquarters. Better to lose by a
Summary Judgment or at a trial claiming billions.
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| Authored by: Anonymous on Sunday, May 13 2012 @ 11:19 AM EDT |
Sabotage their own damages case to the point where
the judge feels he must make a ruling to stop them
getting nothing and having a good appeal case.
Looks like cynical manipulation of the judge.[ Reply to This | Parent | # ]
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| Authored by: jvillain on Sunday, May 13 2012 @ 11:59 AM EDT |
I haven't had all that much to do with lawyers. But I suspect that before
setting out on that course Boies would have talked to the client first. The
client meaning Larry Ellison may have told him "no prisoners". [ Reply to This | Parent | # ]
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| Authored by: argee on Sunday, May 13 2012 @ 03:57 PM EDT |
If he settles, he takes $150,000 but forfeits all future
litigation, appeals, etc. In other words, Oracle *admits*
it was worth $150K, end of story.
By going this other route, he leaves open the possibility
that an appeal could reverse, Alsup may have a moment of
contrary thinking, etc., so that it is dimly possible to
win beelions.
Or at least keep billing Oracle for the foreeseable future.
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argee[ Reply to This | Parent | # ]
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| Authored by: athelas on Sunday, May 13 2012 @ 05:27 PM EDT |
I'm not a lawyer at all, let alone a good one, but the only thing I can figure
is that they're trying to get rid of this jury.
I don't agree with Alsup's decision about what a reasonable jury would say about
the test files, but I do agree with Oracle that you can't tell people they were
being unreasonable about infringement and expect them to be reasonable about
damages. Of course, if they go with statutory damages that's not an issue
because it won't go to the jury.
I think they're worried about what this jury would [potentially] find for
damages with regard to the patents at issue. If they think that they could get
more from another jury on that count, then by sacrificing the 150k they can
possibly get a different jury for both the copyrights AND the patents.[ Reply to This | Parent | # ]
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| Authored by: Anonymous on Sunday, May 13 2012 @ 09:42 PM EDT |
... he could always do so by granting Google's mis-trial motion :)
RAS[ Reply to This | Parent | # ]
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| Authored by: Anonymous on Monday, May 14 2012 @ 03:57 AM EDT |
There is NO offer, only phase 3 ahead now. And then,
Google's desire for a mistrial.
If the same judge presides at another trial, with what he
has learned, the next time around, will be another story.
Oracle, if they want another trial, might want another
judge.
This judge is getting too smart (albiet late in the trial)
for Oracle to feel comfortable with their smoke and mirrors
games odd for success (so they might want a much more stupid
judge to allow them to do things with a potentially more
stupid jury that they will be more careful about during the
jury selection phase, to get dumb, dumb, and just plain dumb
as can be sitting on the jury the next time around).
[ Reply to This | Parent | # ]
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| Authored by: Anonymous on Monday, May 14 2012 @ 01:54 PM EDT |
By taking the $150k, that would be the maximum. By going for the profits, he
goes for the pot of gold. It's always about the deepest pockets.[ Reply to This | Parent | # ]
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